by the senatorfromnevada, senatorreid would cause the underlying legislation to exceed the authorizing committee's section 302-a allocations of new budget authority and outlays. therefore i raise a point of order against this measure pursuant to section 302-f of the congressional budget act of 1974. the presiding officer: the senator from montana. mr. tester: pursuant to section 904 of the budget control act of 1974 and the waiver provisions of applicable budget resolutions, i move to waive all applicable sections of that act and applicable budget resolutions for purposes of this pending amendment and i ask for the yeas and nays. the presiding officer: is there a sufficient second? there appears to be. all postcloture time is expired. the question is other than the motion. the clerk will call the roll. vote: vote: vote vote: vote: vote: riefer oh oishvote: vote: the presiding officer: on this vote the yeas are 50, the nays are 44. three-fifths of the senators duly chosen and sworn not having voted in the affirmative, the motion is not agreed to. the point of order is sustained and